Kris Aquino to appeal prosecutor's dismissal of complaint vs Nicko Falcis

ABS-CBN News

Posted at Feb 22 2019 06:31 PM

MANILA - The camp of Kris Aquino on Friday said it would file a motion for reconsideration after the Makati City Prosecutor's Office dismissed the actress' qualified theft complaint against her former business partner Nicko Falcis.

Aquino, a television and social media personality, had claimed Falcis spent some P1.27 million in personal expenses using a credit card she entrusted to him only for transactions involving her company, Kris Cojuangco Aquino Productions (KCAP).

Falcis earlier said the purchases were business expenses for KCAP, "which Aquino was well aware of and approved of."

Falcis earlier said he reviewed the credit card charges questioned by Aquino and wrote a check worth P437,595.67, which he gave to the actress' chief of staff.

In a statement, Aquino's legal team from the Fortun Narvasa and Salazar Law Office said the prosecutor's resolution was "irregular and legally flawed."

This after the Prosecutor's Office said the credit card was issued in Falcis' name, and so "he can use the card for his purchases" to the terms and conditions set by the issuing bank.

Aquino's legal team, however, said Falcis' name on the credit card was "simply put there to show he was authorized to use it for Ms. Aquino, but not for his personal transactions."

It added that Falcis admitted to Aquino that his personal transactions using the card were wrong.

"He also tried to pay part of it by using his own check to cover the cost of his personal purchases. His admissions to wrongdoing were all submitted in evidence to the prosecutor who may have glossed over those," the legal team said.

It also noted that Falcis did not appear and file any counter affidavit to refute charges against him.

"His alleged defenses in his 'verified omnibus motion' should not have even been considered by the city prosecutor," it said.

"His defenses are only his own allegations, the truth of which should be proved during trial. The task of the prosecutor is to determine whether or not there is probable cause to charge him of these offenses."

Aquino's legal counsels said they would "ensure that justice is served for Ms. Aquino."

The legal battle between Aquino and Falcis was preceded by emotionally-charged statements and interviews online and in media.